Wednesday, 31 July 2013

Zynga's Trademark Infringement Lawsuit Concerning "With Friends"

The mobile application developer of "Words With Friends", namely Zynga, has sued the developer and author of another mobile application known as "Bang With Friends". The lawsuit, which involves trademark claims, will require that Zynga is able to effectively establish trademark rights to its mark "Words With Friends", which is a federally registered trademark with the USPTO. However, the larger issue becomes whether or not "Bang With Friends", or any other application that utilizes the "With Friends" portion of the mark, creates the likelihood of consumer confusion. At a high level, the mobile application services are arguably similar, but as you drill down, the question becomes whether or not consumers would view these services to be emanating from the same source. Ultimately, if Zynga is able to establish its presumptive trademark rights in "Words With Friends", there is a very real chance that "Bang With Friends" may constitute trademark infringement. This will be a case worth keeping an eye on, and trademark attorneys may have differing opinions as it relates to the merits of this case. Whether or not Zynga faces any real risk with its "Words With Friends" , or other "With Friends" marks, being deemed unprotectable as a trademark remains to be seen.

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